유류분청구
1. As to the portion of 12,149,80/213,773,100 of each of the real estate listed in the separate sheet to the Plaintiff A, B, and C, the Defendant shall be as to each of the real estate listed in the separate sheet.
1. The F of the facts of recognition (hereinafter “the deceased”) died on May 14, 2013, and his heir has the Plaintiffs, the Defendant, G, H, I, and J, who are their children.
The inheritance shares of the plaintiffs are 1/9 each.
On February 21, 2008, the Deceased donated each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant on or around February 21, 2008.
(hereinafter “instant donation”). The Defendant completed the registration of ownership transfer on February 21, 2008 with respect to each of the instant real estates on the grounds of donation.
Plaintiff
D On May 13, 2013, the registration of ownership transfer was completed on May 9, 2013 with respect to the Ulsan-gu K Apartment 101 Dong 906 (hereinafter “K apartment”) owned by the Deceased on May 13, 2013.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 and 16 (including paper numbers), and the purport of the whole pleading
2. Since the plaintiffs' assertion of this case infringed on the legal reserve of inheritance due to the donation of this case, the defendant should return the legal reserve of inheritance to the plaintiffs, and the registration procedure for transfer of ownership for 1/18 shares of each of the real estate of this case should be
3. Determination
(a) The amount in violation of the calculation method of shortage in the legal reserve = Property (A) which forms the basis for calculating the legal reserve of inheritance 】 the ratio of the person entitled to the legal reserve of inheritance (B) - the amount of special benefit from the person entitled to the legal reserve of inheritance (C) - The amount of net inheritance (D) of the person entitled to the legal reserve of inheritance ＋ the amount of positive inherited property £« B = the amount of inheritance debts / the amount of inheritance debts / the lineal descendants and the spouse of the inheritee 1/2 of the person entitled to the legal reserve of inheritance / the amount of inheritance debts / the amount of inheritance debts - the
B. There is no dispute between the parties as to the (1) that there is no active inherited property at the time of the deceased’s commencement of inheritance, which forms the basis for calculating the legal reserve of inheritance.
(2) If, among co-inheritors, there is a person who has made a special benefit by means of a pre-sale donation of property from an inheritee, the provisions of Article 1114 of the Civil Act shall be excluded.